Legal Opinion
OLEVIK A/K/A PLEVIK v. State
Supreme Court of Georgia
Decided October 16, 2017No. S17A0738
1Opinion of the Court
302 Ga. 228
FINAL COPY S17A0738. OLEVIK v. THE STATE. PETERSON, Justice. The Georgia Constitution protects each of us from being forced to incriminate ourself. Unlike the similar right guaranteed by the Fifth Amendment to the United States Constitution, this state constitutional protection applies to more than mere testimony; it also protects us from being forced to perform acts that generate incriminating evidence. This case calls this Court to decide whether this state constitutional protection prohibits law enforcement from compelling a person suspected of DUI to blow his deep lung air into…
2Cases cited80 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Mincey v. ArizonaSupreme Court of the United States · 1978
- Arizona v. GantSupreme Court of the United States · 2009
- Citizens United v. Federal Election CommissionSupreme Court of the United States · 2010
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